Second Amendment – Gun Policy

“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.” Supreme Court Decision, DISTRICT OF COLUMBIA et al. v. HELLER (2008)

I subscribe to an “Originalist” view of the Constitution, and oppose any attempt by a government official or entity to infringe on the people’s right as explicitly protected by the Second Amendment and clarified by the Supreme Court in Heller.

It is worth further note that the Court in Heller wrote: “Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

I propose that we enhance penalties for gun-related violence. If the penalties are strict enough, this will serve as an effective deterrent for would-be criminals.

I propose that we remove access to guns by criminals and the mentally ill through well-executed background checks. I further propose that we enact penalties for those criminals and mentally ill, who, regardless of being notified of a restriction on their right are caught in possession of a gun, and for citizens who willfully or negligently allow access to guns by criminals and the mentally ill.

Finally, I support time, place and manner regulations to restrict gun possession in sensitive places (schools, courts, etc.) so long as: (i) there is established a protective body in such sensitive places so that the people may be adequately protected to the same level as they would be able to protect themselves were gun possession permitted, and (ii) such regulations do not unreasonably infringe the right of people to keep and bear arms in their homes or in times of critical need.

Violence, unfortunately, always has been and will continue to be a part of human life. I don’t like it, but that’s a fact! However, it is my hope that we can reduce gun-violence without infringing on the rights of law abiding citizens by enacting smart legislation which provides effective criminal deterrents.